Manning Property Development Pty Ltd v Waverley Council

Land and Environment Court New South Wales Medium Neutral Citation: Manning Property Development Pty Ltd v Waverley Council [2014] NSWLEC 1235 Hearing dates:11 November 2014Decision date: 11 November 2014 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld see paragraph [19] Catchwords: CONSENT ORDERS: appeal against a condition of consent; extension of balcony; privacy and amenity Legislation Cited: Environmental Planning and Assessment Act 1979 Waverley Local Environmental Plan 2012 Category:Principal judgmentParties: Manning Property Development Pty Ltd (Applicant) Waverley Council (Respondent) Representation: Vasili Conomos (Applicant) Christopher Drury (Respondent) Conomos Legal (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s):10604 of 2014 JudgmentCOMMISSIONER: In 2013 the Court approved development application DA 152/203 for the demolition of existing dwellings and the construction of a residential flat building comprising 16 units and basement parking for 14 vehicles at 403-405 Old South Head Road, North Bondi (the site). In February 2014 the applicant lodged modification application, DA 152/2013/B, under s 96AA of the Environmental Planning and Assessment Act 1979 (the Act). The modification was notified and several submissions raising concerns about parking, increased floor space ratio and privacy were received. In July 2014, Waverley Council's Development Assessment Panel approved the modification application. In granting consent, council imposed an additional condition, Condition 2B. This states:2B The proposed extension of the terrace to Unit 11 at the uppermost floor of the building is not approved. In this regard, the size of the terrace is to remain as per the previously approved plans of DA-152/2013/A.In August 2014 the applicant appealed to the...